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  • Principles of International Investment Law

    Principles of International Investment Law by Dolzer, Rudolf; Kriebaum, Ursula; Schreuer, Christoph;

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    Product details:

    • Edition number 3
    • Publisher OUP Oxford
    • Date of Publication 6 January 2022

    • ISBN 9780192857811
    • Binding Paperback
    • No. of pages560 pages
    • Size 234x154x26 mm
    • Weight 810 g
    • Language English
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    Short description:

    This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students, scholars, and practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.

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    Long description:

    This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration.

    Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.

    Review from previous edition This book is an exceptional guide for practitioners and students alike and an essential reference tool for investment arbitration cases.

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    Table of Contents:

    I. History, Sources, and Nature of International Investment Law
    The history of international investment law
    The sources of international investment law
    The nature of international investment law
    II. Interpretation and Intertemporal Application of Investment Treaties
    The interpretation of investment treaties
    The application of investment treaties in time
    III. Investor
    Private foreign investors
    Nationality of individuals
    Nationality of corporations
    A local company as a foreign investor
    Nationality planning
    Denial of benefits
    An active investor?
    IV. Investment
    Terminology and concept
    Definitions of investment
    A general concept of investment?
    Types of investments
    The unity of an investment
    The origin of the investment
    Investments in the host State's territory
    Investments in accordance with host State law
    Indirect investments
    V. Investment Contracts
    Types of investment contracts
    Applicable law
    Dispute settlement
    Stabilization clauses
    Renegotiation and adaptation
    VI. Admission and Establishment
    The right to control admission and establishment
    The move towards economic liberalism
    Investment promotion
    The right to admission and the right of establishment
    Treaty models of admission
    Performance requirements
    The inception of an investment
    VII. Expropriation
    The object of an expropriation
    Expropriation as an act of government
    Indirect expropriation
    The legality of the expropriation
    VIII. Standards of Protection
    Fair and equitable treatment
    Full protection and security
    Arbitrary or discriminatory measures
    National treatment
    Most-favoured-nation treatment
    The umbrella clause
    Effective means
    Transfer of funds
    IX. Emergency Situations and Armed Conflicts
    Competing policies
    Effects of violence under traditional international law
    The ILC Articles on state responsibility
    Treaty law
    X. Attribution
    Sources and principles
    Organs, provinces, and municipalities
    Exercise of governmental authority
    Instruction, direction, or control
    XI. Political Risk Insurance
    History and purpose
    Different types of insurance
    Subrogation
    Risks covered
    XII. Settling Investment Disputes
    State-to-State disputes
    The limited usefulness of domestic courts
    Settlement of Investor-State disputes by arbitration and conciliation
    Arbitration institutions and regimes
    Investment disputes
    The parties to investment disputes
    Consent to investment arbitration
    Conditions for the institution of proceedings
    MFN clauses and dispute settlement
    Treaty claims and contract claims
    Procedure
    Applicable law
    Remedies
    Costs
    Review of awards
    Enforcement of awards

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